logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.31 2017가합554091
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 58,791,844 to the Defendant (Counterclaim Plaintiff) and its related amount from July 27, 2017 to October 31, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person operating “C frequency collection” in Jeju City B (hereinafter “instant frequency collection”), and the Defendant is a company established on April 21, 2014 for the purpose of carrying out painting construction business.

B. On November 17, 2016, the Plaintiff entered into a contract with the Defendant to enter into a contract with the contract amount of KRW 110,000,000 (including value-added tax; hereinafter the same shall apply) for painting and interior works, etc. of the instant frequency of collection (hereinafter “instant construction”) and the construction period from November 21, 2016 to December 30, 2016, with respect to the instant project (hereinafter “instant construction”).

(hereinafter “instant contract”). (c)

On November 21, 2016, the Defendant commenced the instant construction and completed it on February 2017.

The Plaintiff paid a total of KRW 57,500,000 to the Defendant from the conclusion of the instant contract to the present time (i.e., KRW 15,000,000 paid to the Defendant on November 24, 2016, which was paid to the Defendant on December 10, 2016, KRW 5,000,000 paid to D on January 5, 2017, KRW 10,000 paid to the Defendant on January 11, 2017, KRW 10,000,000 paid to the Defendant on January 12, 2017, KRW 3,000,000,000 paid to the Defendant on January 13, 2017, KRW 00,000 paid to the Defendant on the construction site, KRW 50,000,000 paid to the Defendant on February 13, 2017.

【Fact-finding without a dispute over the basis of recognition】 The evidence Nos. 1 through 3 (including the number of branch offices, hereinafter the same shall apply), Eul evidence Nos. 4 and 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion that the Defendant performed additional construction works equivalent to KRW 164,00,00 in addition to the original construction works under the original contract. As such, the Plaintiff calculated by deducting the total construction cost of KRW 110,000 from the total construction cost of KRW 275,00,000 (i.e., the construction cost of KRW 164,000 in addition to the construction cost of KRW 164,50,000 in accordance with the instant contract) by deducting the total construction cost of KRW 57,50,000 from the total construction cost of KRW 164,50,000.

arrow